43 Mo. 142 | Mo. | 1869
delivered the opinion of the court,
This is an ejectment suit brought to recover possession of a tract of land in Cole county. The defense relied on is the statute
There are other instructions given for the plaintiff which are open to criticism. The first instruction, instead of putting it to the jury to find whether the plaintiff was “entitled to possession,” which presents a legal proposition, should have left it to the jury to find the facts on which the right of possession rested-. The facts presented in the tenth instruction do not warrant the conclusion that the defendants, as between them and the plaintiff, were estopped from insisting on the defense of the statute of limitations. Nor are we quite satisfied with the eleventh instruction, which seems designed to take from the jury the consideration
The judgment of the District Court is reversed and the cause remanded for a new trial.